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2023 DIGILAW 5137 (DEL)

Eli Lilly And Company v. Bryan Pharmaceuticals Through Its Proprietor Mr. Laxmi Kand Pal/navneet Kand Pal

2023-08-28

C.HARI SHANKAR

body2023
JUDGMENT (Oral) CS(COMM) 439/2021, I.A. 11888/2021(Order XXXIX Rules 1 and 2 of the CPC), I.A. 11889/2021 (Order XI Rule 1(6) of the CPC) and I.A. 15931/2021 (Order XXXIX Rule 4 of the CPC) 1. The disputes between the plaintiffs and Defendants 3, 6, 8, 12 and 18 have been settled with the intervention of the Delhi High Court Mediation and Conciliation Centre and Settlement Agreements have also been placed on record. As the Settlement Agreements are confidential, learned Counsel submit, ad idem , that the contents thereof be not reproduced in the present order. 2. Counsel for the parties are present. They undertake on behalf of their respective clients to remain bound by the terms of settlement. 3. Accordingly, this suit stands decreed qua Defendants 3, 6, 8, 12 and 18 in terms of the aforesaid Settlement Agreements dated 2 February 2023 and 3 May 2023, by which the parties shall remain bound. 4. Nothing further survives for adjudication in the present dispute vis-a'-vis Defendants 3, 6, 8, 12 and 18. The suit shall stand decreed qua the said defendants. Let the decree-sheet be drawn up accordingly. 5. It is stated that an affidavit dated 21 March 2023 has been filed by Defendant 19 in response to the Cyber Cell report dated 10 January 2023, questioning the correctness of the said report. Let a copy of the said affidavit be served on Ms. Hetu Arora Sethi, who is the learned Standing Counsel for the Cyber Cell. The Cyber Cell would place its comments on record to the said affidavit within two weeks from today. 6. Settlements have also been arrived at with respect to other defendants, but the settlements are yet in the process of finalization. 7. Accordingly, renotify on 26 September 2023.